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John, Employment Lawyer

Category: Employment Law

Satisfied Customers: 4539

Experience: Exclusively practice labor and employment law.

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My immediate supervisor will not permit co-workers to

Customer Question

My immediate supervisor will not permit co-workers to contact me, nor will she allow me to respond to work emails while I am on FMLA (I am out with a broken knee). She says it's "illegal" and has told staff that to. Can she prohibit such communication?

Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.

FMLA does make it illegal for the employer to require the employee to work while on FMLA leave, so I do agree with your supervisor that, to the extent you are working, when accessing emails and contacting co-workers that could be arguably unlawful under the Act. She's being over cautious in my opinion, but I can somewhat see her point. You could theoretically turn around and file a complaint with the DOL that your FMLA was honored.

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